Chuck Sensiba Quoted in Energy Daily on DC Circuit Decision Throwing Out Fee Hikes for Hydro Projects on Federal Lands

January 6, 2011

Chuck Sensiba was quoted in The Energy Daily regarding a recent DC Circuit Court decision throwing out a 2009 Federal Energy Regulatory Commission notice which drastically hiked annual fees FERC collects from hydropower projects on federal lands. In comments about the decision, Mr. Sensiba said, "FERC doesn't have to do anything, but if the commission wants to make changes to its methodology, it has to do two things. It has to have a notice and comment rulemaking to get the industry's and public's views on how fee change would affect hydro operators and it must fulfill its statutory obligation to make a determination that any new charges are reasonable. We would welcome that dialogue with the commission." Mr. Sensiba, a member with Van Ness Feldman, represented the large group of FERC hydroelectric licensees who challenged the 2009 FERC rulemaking. The D.C. Circuit Court's decision granting the licensees petition for review, and vacating FERC's 2009 rule, is likely to result in millions of dollars in refunds or cost savings to hydroelectric licensees.

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